The Georgia Court of Appeals has upheld a Fulton County jury’s verdict against the city of Milton in a 2016 fatal car crash.
Joshua Chang, a Yale University student who was home for the Thanksgiving holiday week, was driving on Batesville Road to his parents’ home on the evening of Nov. 19, 2016, when he swerved, possibly to avoid a deer, according to court records.
The car left the paved part of the road, slid more than 60 feet and struck a large, decorative planter that was on the shoulder of Batesville Road. The car flipped onto the concrete planter near the Little River Farms event venue in the city of Milton.
Chang died of blunt-force trauma from the collision, according to a wrongful death lawsuit brought by his parents, John Chang and Rebecca Zhu, and their son’s estate.
The parents sued the city alleging that it was negligent, failed to ensure safe roadways, and that the planter created a “nuisance.” A jury found the city liable and awarded $35 million in damages in June 2023.
The city appealed and requested a new trial, arguing it was entitled to sovereign immunity and that the trial court erred by admitting testimony of city employees who gave their interpretations of city ordinances.
Under its ordinances, the city was responsible for inspecting its roadways, identifying defects and removing hazards, such as the planter, the appeals court said in its opinion last week.
The appeals court concluded the city waived its immunity and that any error in allowing the testimony was harmless to the case.
The opinion notes that several witnesses testified that the city should have noticed and removed the planter when it completed repair work to Batesville Road in 2012. Experts had concluded that the planter was a problem, the opinion adds.
“Twelve jurors and now five judges with over 75 years of judicial experience have upheld the Chang family’s claim against the city of Milton,” said Jed Manton, an attorney with Harris Lowry Manton who represents the plaintiffs. “Should the city of Milton wish to pursue their appeal further by petitioning the Georgia Supreme Court, interest on the jury’s verdict accrues at approximately $10,000 a day.”
The city of Milton said in a statement that it “will pursue all available options for further examination of this sizable verdict.”
“The tragic accident in November 2016, which claimed the life of Joshua Chang, continues to weigh heavily on all,” the city’s statement said, in part. “Nonetheless, we stand by our belief that the City acted responsibly and has not yet fully utilized all legal avenues for protection. Our primary goal is to ensure that Milton receives all the legal safeguards it is entitled to and that taxpayers are shielded from undue financial burden.”
The city added that if it is responsible for ensuring the entire right of way is clear of obstructions, “it will result in an unprecedented, mandatory clearing of those right of way corridors.”
Should the verdict stand, the city said, “taxpayers across the state might be burdened with the cost of removing these objects, while municipalities could face hefty legal verdicts potentially leading to financial distress.”
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